Civil Courts and Alternative Dispute Resolution; Unit 1 - Notes

Notes made from a combination of resources including the Nelson Thornes text book and Philip Allan revision guide.

Covers the Civil Courts and ADR option form the Legal System half of the course; Civil Courts and Appeal System, Alternatives to Civil Dispute Resolution and the Advantages and Disadvantages of each

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Civil Courts and Alternative Dispute Resolution
Civil Courts
Disputes between individuals, partnerships, firms or government bodies

Courts of First Instance:
Claims may be commenced and decided there

Magistrate Court:
Primarily a criminal court
Jurisdiction over family matters, excluding divorce and unpaid taxes and bills
Hears appeals from local authorities about…

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Used to deal with equity cases
Nowadays focuses on legal disputes involving a financial aspect
Probate matters, trusts, mortgages, bankruptcies company, partnership and
taxation queries

Courts of Appeal:
A party is dissatisfied with the court's decision requests that a higher court reviews the decision
Access to Justice Act 1999:
One…

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Judges have acquired experience of the law and legal system
Has the power to award successful party remedies and to order a party to cease an act
Only form of dispute resolution that offers appeal
Greater chance of enforcement if dispute is resolved through the court
Judges may have limited…

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Football Association ­ Members of the association

People Involved:
Consist of 3 people:
1 legally trained chairperson
2 lay people with expertise in the case matter
Parties are encouraged to represent themselves
Parties will attend as will any witnesses

Procedure:
Vary in procedure, however natural justice means both parties must…

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The Office of Fair Trading encourage and approve many arbitration schemes set up
by trade associations to resolve consumer problems
3) Commercial Arbitration:
Arbitrator will be a member or fellow of the Institute of Arbitrators and will have
legal knowledge on the matter of dispute

People Involved:
An independent arbitrator…

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People Involved:
An independent mediator who organises the mediation for a mutually convenient time who doesn't
suggest solution and force settlement
Mediators may be selected from mediation bodies such as `Centre For Dispute
Resolution'
May be legally represented, this isn't however promoted
Witnesses are rarely involved

Procedure:
1) Takes place…

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Conciliator remains neutral, but can suggest terms of settlement and
comment on of either parties terms
3) If the parties reach an agreement if becomes legally binding if the parties agree and
becomes enforceable in civil law
4) If no agreement is reached the matter may be taken to court…

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